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Bioengineered (BE) food disclosure, explained

The label term 'bioengineered' replaced the old patchwork of state GMO-labeling laws. Since January 1, 2022, the USDA's National Bioengineered Food Disclosure Standard has required food companies to disclose when a product contains bioengineered ingredients. Here's who it applies to, how to disclose, and who's exempt.

Updated August 6, 2026 · 4 min read · Sourced from FDA guidance

What 'bioengineered' means

Under the National Bioengineered Food Disclosure Standard (NBFDS) — administered by the USDA Agricultural Marketing Service (AMS) and codified at [7 CFR Part 66](https://www.ecfr.gov/current/title-7/subtitle-B/chapter-I/subchapter-C/part-66) — a bioengineered (BE) food is one that contains detectable genetic material that has been modified through certain lab techniques and could not be created through conventional breeding or found in nature. It is the federal, uniform replacement for the state genetic-engineering labeling laws that came before it.

AMS maintains a List of Bioengineered Foods — the crops and products with BE versions in commercial production, such as corn, soybeans, sugar beet, canola, and certain squash and papaya. If your product contains an ingredient from that list, you generally have a disclosure obligation unless an exemption applies.

Who has to comply, and when

The rule covers food manufacturers, importers, and certain retailers that label food for retail sale or sell bulk food. The mandatory compliance date was January 1, 2022 — this is in force now, not something on the horizon. Regulated entities must keep records demonstrating compliance for two years.

The four ways to disclose

The Standard lets you choose how to make the disclosure:

  • On-label text — for example, 'Bioengineered food' or 'Contains a bioengineered food ingredient.'
  • The BE symbol — the USDA 'bioengineered' stamp.
  • An electronic or digital link (a QR code) with an on-pack instruction such as 'Scan here for more food information.'
  • A text-message option — a number consumers can text to receive the disclosure.
Note

Small food manufacturers and small or very small packages get additional options, such as a phone number or a web address. Whatever method you choose, the disclosure must be of sufficient size and clarity to appear prominently and conspicuously on the label.

Who's exempt

You do not have to disclose if any of these apply:

  • Very small food manufacturers — those with less than $2.5 million in annual receipts.
  • Restaurants and similar retail food establishments (including grocery prepared-food counters).
  • Certified-organic products under the USDA National Organic Program — organic certification already prohibits bioengineering. See natural vs. organic labels.
  • Refined ingredients (many oils and sugars) in which no modified genetic material is detectable.
  • Foods where no ingredient intentionally contains a BE substance, with an allowance for inadvertent or technically unavoidable presence up to 5% per ingredient.
Note

Meat, poultry, and egg products are not bioengineered solely because the animal ate bioengineered feed. And because a predominant meat or poultry ingredient can shift which rules apply, it's worth confirming whether your product is FDA- or USDA-regulated first.

How it fits your label

BE disclosure is separate from the Nutrition Facts panel — it doesn't change your Nutrition Facts label or your ingredient list. It is an additional element on the package when it applies. If you are a very small manufacturer you are exempt, though you may still choose to disclose voluntarily.

Frequently asked questions

When did bioengineered food labeling become mandatory?
January 1, 2022, under the USDA's National Bioengineered Food Disclosure Standard (7 CFR Part 66), administered by the Agricultural Marketing Service.
What counts as a bioengineered food?
A food that contains detectable genetic material modified through lab techniques that could not be achieved by conventional breeding or found in nature. USDA AMS maintains a List of Bioengineered Foods that identifies the qualifying crops and products.
How do I disclose bioengineered ingredients on a label?
Choose one of four methods: on-label text, the USDA BE symbol, an electronic or digital (QR) link, or a text-message option. Small manufacturers and small packages have extra options such as a phone number or web address.
Is my small business exempt from bioengineered disclosure?
Very small food manufacturers with less than $2.5 million in annual receipts are exempt, as are restaurants, certified-organic products, and refined ingredients with no detectable modified genetic material.
Does organic food need a bioengineered disclosure?
No. USDA-certified organic products are exempt from BE disclosure, because organic certification already prohibits the use of bioengineering.

Sources

Related tools & guides

This guide is general educational information, not legal advice, and labeling rules can change. Your obligations depend on your specific products, claims, sales, and state. Verify your situation against the current FDA guidance and eCFR linked above, or consult a qualified food-labeling professional, before printing a label.